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The Land Owner The Right To Compensation For The Operating Limits Of The Specially Protected Natural Areas And Mikroliegumo A

Original Language Title: Par zemes īpašnieku tiesībām uz kompensāciju par saimnieciskās darbības ierobežojumiem īpaši aizsargājamās dabas teritorijās un mikroliegumos

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The Saeima has adopted and the President promulgated the following laws: for the land owner the right to compensation for the operating limits of the specially protected natural areas and mikroliegumo of chapter I General provisions article 1. The terms used in the law, the law is applied in the following terms: 1) remuneration: payment from the State or municipality budget, which shall be borne by the land owner does not get the benefit of the property, which the landowner may not get the specially protected natural areas and mikroliegum (hereinafter referred to as a protected area) and use the protection control the statutory limitations on economic activity;
2) equivalent to the land — land whose purpose and nature are equal, the value of which, determined in accordance with the procedure laid down in the law on Standardisation in approved Latvian property valuation standards do not differ by more than 20 percent.
2. article. The scope of the law, the law lays down the conditions for granting compensation for the operating limits established in State and local government protected areas, and the granting of the refund procedure.
3. article. (1) the form of compensation For restrictions on economic activities in protected areas in the compensation to be awarded the distinction in the following ways: 1) remuneration;
2) protected area land in Exchange for an equivalent national or municipal plots (land).
(2) The losses incurred by the agricultural activity limitations to the meaning of the European Community, specially protected natural areas (Natura 2000), regulations may be granted in duly payment of aid from the European Union funds.
4. article. The land owner the right to compensation Under this law the owner of the cases is entitled to compensation from the State for 1) operating limitations resulting national protected areas;
2) — for the operating restrictions concerned authorities established protected area.
Chapter II conditions for the granting of compensation article 5. Compensation of General conditions (1) the right to claim compensation for land property rights to land enshrined in the land registry.
(2) If the land belongs to multiple owners, only requires all co-owners by mutual agreement.
(3) Land owner in relation to the specific piece of land, which certainly limits economic activities can be assigned to only one of the statutory compensation, remuneration or land exchange.
(4) No refund shall be granted direct and direct administration institutions and public or municipal corporation.
(5) Landowner compensation demand after the appearance is paid in real estate taxes. If the land owner to fines imposed for infringements in the field of the environment, as well as if she were the fault of the environment and the forest suffered damage, the landowner compensation request is heard only when the laws he established has paid the fines and reimbursed by the environment and forest loss.
(6) The land owner can be reimbursed only to the extent that it granted to him is not to be covered by other State authorities or the European Union, directly or indirectly, for about the same operating restrictions for which this law provides for compensation.
6. article. The right to claim compensation for forest operating limits (1) the land owner is entitled to claim reimbursement of the following protected area protection and use the laws governing forestry activities laid down limitations: 1) any forestry activities prohibition during the entire calendar year;
2) main lock (except for the clear cut) the prohibition during the entire calendar year;
3) slapped the ban on raising the entire calendar year.
(2) The right to claim compensation for the forestry activity limitation is a land owner, if the first paragraph of this article are set constraints for land acquisition.
7. article. The right to claim a land exchange (1) the land owner may request a change if: the Earth 1) he has the refurbished property rights to land, which includes a nature reserve, a nature reserve or other specially protected natural areas of the nature reserve, strict mode, the behavior of nature or adjustable mode zone;
2) for land acquisition of this land is included in the nature reserve, nature sanctuaries, or other specially protected natural areas of the nature reserve, strict mode, the behavior of nature or adjustable mode area.
(2) If the land or part thereof included in the natural sanctuaries, which divided into functional zones, the land owner may require a change of the ground only if the land or part thereof is located in the natural strict regime, barring natural or adjustable mode closed area.
(3) The land owner may require only a protected area in a particular part of the land exchange, which has certain operating restrictions and corresponding to the first and second parts.
(4) The land owner may require land, if the land swap is not pledged or encumbered with purchase.
Chapter III evaluation of the amount of remuneration and the procedure for granting of remuneration article 8. For consideration of the institution responsible for the granting of the award of Compensation within the limits of its competence organized the following authorities: 1) natural authority, if the right to remuneration under this Act shall be granted;
2) or the specific responsibility of the municipal institution, if the right to remuneration under this Act shall be granted the municipality.
9. article. Application for compensation (1) to receive remuneration, the land owner shall submit to the institution responsible for the application, showing the location of land and land cadastral designation, accompanied by the land ownership certificate — a copy of the certificate of the land; If this copy is not notarized, original of the production.
(2) If the application for compensation is reasonable, the institution responsible shall take a decision on it.
10. article. On forestry activities limitations to estimating the amount of remuneration (1) after the institution responsible has taken a decision on the claim, it shall call upon the support of experts who evaluated the amount of remuneration (hereinafter expert). Expenses related to the assessment of the amount of remuneration shall be borne by the institution responsible for the granting of compensation.
(2) An expert may be a natural or legal person to which the laws of the order is registered as forest inventory.
(3) The amount of compensation assessed by experts. Consideration about evaluation procedures and the methodology established by the Cabinet of Ministers.
11. article. Remuneration and expenses (1) the decision on the granting of remuneration to the owner of the land, the institution responsible shall be adopted.
(2) Consideration for this law, article 6, first paragraph, the forestry operations specified limit in the calculation and assign the stand once.
(3) the institution responsible rewards land owners from the State budget or local budget resources provided for these purposes and cost costs recorded in the Cabinet in the order and within the time limits.
Chapter IV change the Earth article 12. On the ground shift Under the change of the institution responsible for the matters within their competence, shall organise the following authorities: 1) the State land service, if the right to exchange the land under this Act granted by the State;
2) or the specific responsibility of the municipal institution, if the right to exchange the land under this Act granted the municipality.
13. article. Land Exchange application (1) the land exchange procedure is based on the application of the land the responsible body, in which he indicates the location of land and land cadastral designation. The application adds the land swap land ownership certificate — a copy of the certificate of the land; If this copy is not notarized, original of the production. The application of the land owner can specify the desired land exchange options.
(2) If land exchange application is justified, the competent body shall take a decision on the ground of the Exchange variation of the land owner change specified options evaluation, if he is pointed out.
14. article. Land exchange principles (1) the land designated under the special change of variants from the public land registry change, if the change of land rights under this Act by the State.
(2) Land owner shall designate the Exchange variation of the land owned by a municipality or land that is assent of the municipal territory, the right to change the land under this Act granted the municipality.
(3) The exchange of land grant benefits right down the front of the Cabinet.
15. article. Change of land register (1) the change of the land register, the register of the land to be included in the selection criteria and procedures, as well as clearing the land registry shall lay down the procedure for the management of the Cabinet of Ministers.

(2) Change of the land register is the national land service.
(3) Change of land register to be included in the State-owned in the land recorded in the land register.
(4) Change of the land register is not included in the land: 1) specially protected natural territories, except the neutral zone;
2) mikroliegumo;
3) specifically protect forest compartments;
4) forest habitats, which in accordance with the laws and regulations created mikroliegum;
5) in the Baltic Sea and Gulf of Riga coastal dune Strip;
6) real cultural monuments in the territory and protection zones.
16. article. Land exchange variation with the land owner (1) the responsible authority within two months, acknowledge the possible land exchange variants, as well as assess the landowner desired land exchange listed options, if he has indicated such, and informs landowners of land exchange on the possible options. If it is not possible to support any of the land the following land in the Exchange variation, the institution responsible shall offer other equivalent land exchange options. The equivalent piece of land selection criteria are established by the Cabinet of Ministers.
(2) Land owner in writing, within one month, notify the responsible body that he agrees with some of the available land exchange variations or that they do not meet any of the proposed land exchange.
(3) If the land owner is not satisfied with none of the proposed land exchange options, he may require that the land exchange is replaced by remuneration, if it is intended this law case referred to in article 6.
(4) If the land owner is not satisfied with none of the proposed land exchange variations, the State land service of the landowner's decision to inform the environmental protection administration.
Article 17. To change the designated land and land value (1) to change the value of the land and the land value of the institution responsible for organizing. Expenses related to the above values, the bear from the State or the municipal budget.
(2) To change the value of the land and the value of the land is determined according to the standards provided for by law in order to approve the Latvian property valuation standards, taking into account national and local government bodies, the information provided on the site and change the designated land, which affects their value. Setting the variable the value of the land, the reduction shall not be taken into account in connection with the protection of the protected areas and the use of regulatory legislation that set restrictions on economic activities.
(3) If the land owner does not agree with the authorities the specific change in the land he holds value to the landowner's application in the land value is determined by the Court.
18. article. The change of borders and determine land registration (1) If a landlord chooses to only part of the land offered for Exchange, the institution responsible for organized landowner designated land border of trying (trying). To determine the associated costs borne by the State or the municipal budget.
(2) Uzmērīto of the land are recorded in the real estate cadastre of the State Register.
19. article. Land exchange agreement (1) then after trying, the institution responsible shall draw up a land exchange agreement. Under the change of contractual civil liability in respect of the land before the conclusion of the contract and which must comply with the land owner.
(2) Land exchange agreement for the land owner to change the switch and the State or municipal institution or legal possession of the property is the designated site. Land exchange agreement shall enter into force on the 20 of this law in the third subparagraph of article.
(3) After this article referred to in the second paragraph of the conclusion of the contract until this law article 20 referred to in the first subparagraph, the institution responsible shall take a decision on the land disposal and land exchange, land change in economic activity is prohibited, except for fire suppression, deletion, and activities related to pest and disease control and stop the spread of vējgāž, vējlauž and snieglauž relief.
20. article. Decision on designated plots of land disposal and land exchange (1) a decision on the land designated parcel and the land exchange is adopted: 1) Cabinet of Ministers if the land owner's chosen site belongs to the State;
2) where the municipality, if the land owner's chosen site belongs to or agreement with the municipality.
(2) The responsible authority shall draw up the first paragraph of this article of the decision and, together with the land exchange documents required to be submitted to the institution where the laws of the order is responsible for the tālākvirzīšan of this decision to the first paragraph of this article in the institution. The decision to push the Cabinet of Ministers is responsible to the Ministry of Justice.
(3) If, in accordance with the first paragraph of this article, the decision of the designated land land disposal and land exchange, land exchange agreement is in force by the date of entry into force referred to in the first paragraph of the decision.
(4) The institution concerned of their decision on designated plots of land disposal and land exchange sent the owner of the land, to change the State land Department, the relevant regional environmental governance and administration of the protected area, if any.
(5) If, in accordance with the first paragraph of this article, the decision does not dispose of the designated land and land not to approve a land exchange agreement, land exchange procedure is terminated and the land owner may require the replacement of the exchange of land with the reward, if it is intended this law case referred to in article 6.
21. article. Variable land and landowners in land value difference if the variable the value of land in the limits of 20procent differs from the land owner in land values, land exchange agreement after the entry into force of the difference of the cabinet order shall be borne by the cash to the party that won the most valuable piece of land.
22. article. Under the resulting change of land property rights in land (1) strengthening the land involved in the Exchange are exempt from stamp duty on land transfers resulting from the strengthening of land property rights in the land register.
(2) the owner of the Land beneath the resulting change of State-owned or municipal or land belonging to the record land nodded Yes to her name, on the basis of article 20 of this law, the decision referred to in the first paragraph on land disposal and land exchange.
Transitional Cabinet until January 1, 2006, we issued this law, article 10, third paragraph article 11, third paragraph article 14, the third subparagraph of article 15, in the first paragraph of article 16, first paragraph, and the provisions referred to in article 21.
The law shall enter into force on 1 January 2006.
The Parliament adopted the law of 30 June 2005.
State v. President Vaira Vīķe-Freiberga in Riga, July 12, 2005 editorial Note: the law shall enter into force on January 1, 2006.